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1) KIDUSHIN THROUGH RELATIONS

(a) Question: Does the beginning of relations engage, or the end?

1. This affects a woman that received engagement money from Shimon in the middle of having relations (to make engagement) with Reuven.
2. Also, this affects a Kohen Gadol that engages a virgin with relations (if he does not acquire her until the end of relations, she is no longer a virgin, and she is forbidden to him).

(b) Answer (Ameimar): Everyone that has relations, he intends for a full act of relations (so he only acquires then).
(c) Question: Do relations make her Mekudeshes, or fully married?

1. If she becomes fully married, the husband inherits her, becomes Tamei to engage in her burial (even a Kohen), and can annul her vows (alone);
2. If she is only Mekudeshes, the above do not apply.

(d) Answer #1 (Abaye - Beraisa): A man has the right to decide and keep the money from his (minor) daughter's engagement, be it through money, a document or relations;

1. He receives what she finds, and her earnings;
2. He can annul her vows;
3. If her husband who was Mekadesh her divorces her, the father receives the Get;
4. He is not entitled to the fruits of her property in her lifetime.
5. If she gets fully married, the husband has (those privileges which apply) and additionally receives the fruits of her property in her lifetime.

i. The Beraisa teaches engagement through relations, and later mentions marriage - this shows that relations only engage.

(e) Rejection: Marriage is mentioned regarding engagement through money or a document, but relations themselves makes her married.
(f) Answer #2 (Rava - Mishnah): A girl 3 years old and 1 day can be Mekudeshes with relations; if she falls to Yibum, her Yavam acquires her through relations;

1. A stranger that has relations with her is liable for relations with a married woman;
2. One who has relations with her when she is Nidah becomes Tamei to impart (light) Tum'ah to all mattresses below him;

3. If she marries a Kohen, she may eat Terumah;
4. If any of the forbidden relatives (punishable by death) has relations with her, he is killed, she is exempt;
5. If she has relations with anyone forbidden to her, she is disqualified from Kehunah.

i. The Beraisa teaches engagement through relations, and later mentions marriage - this shows that relations only engage.

(g) Rejection: The Mishnah says that if her marriage is to a Kohen she eats Terumah.

(a) Answer #3 (Beraisa - R. Yochanan ben Bag Bag): (To R. Yehudah ben Beseirah): Do you hold that a Bas Yisrael Mekudeshes to a Kohen eats Terumah?
(b) R. Yehudah ben Beseirah: The Torah allows this from a Kal va'Chomer: (A Kohen) who tries to acquire a Kana'anis slave through relations, she does not eat Terumah; if he acquires her through money, she eats;
(c) If he acquire a Bas Yisrael through relations, she eats Terumah - all the more so, if he acquires her through money, she should eat!
(d) However, Chachamim decreed that she does not eat until Chupah.

1. Question: In which cases did R. Yehudah say that mid'Oraisa she eats Terumah if acquired through relations?

i. Suggestion: If after being acquired by relations (or money) she had Chupah - she indeed eats (there is no decree)!

2. Answer #1: Rather, she eats after relations with Chupah, but not after money without Chupah.

i. Rejection: If so, the Kal va'Chomer is invalid - by relations, she eats after 2 acquisitions, regarding money, she had only 1!

3. Answer #2: Rather, it refers to relations (or money) without Chupah

i. If relations makes marriage, we understand why it is more obvious that she eats after relations than after money.
ii. Question: If relations only makes engagement, why it is more obvious that she eats after relations than after money?

(e) Rejection (Rav Nachman bar Yitzchak): Really, R. Yehudah spoke of relations with Chupah, and money without Chupah;

1. The Kal va'Chomer is valid (as follows) even though by relations there were 2 acquisitions, and by money, she had only 1:

i. A Kana'anis slave acquired through relations does not eat Terumah, even if she had Chupah; if he acquires her through money, she eats without Chupah
ii. If he acquired a Bas Yisrael through relations and Chupah, she eats Terumah - all the more so, if he acquires her through money alone, she should eat!
iii. However, Chachamim decreed that she does not eat until Chupah, because of Ula's concern (lest she share her Terumah with her siblings).

2. Ben Bag Bag argues with the Kal va'Chomer - regarding the slave, money was the full acquisition; regarding engagement through money, Chupah must be done to complete the acquisition!